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THE CIVIL SERVANTS ACT, 1973

THE CIVIL SERVANTS ACT, 1973

THE CIVIL SERVANTS ACT, 1973 The Civil Servants Act, 1973, is a fundamental piece of legislation in Pakistan that governs the terms and conditions of service for civil servants employed by the federal government. This act, enacted in 1973, provides the legal framework for the appointment, terms of employment, discipline, and other matters related to civil servants. In this introduction, we will explore the historical context, objectives, and legal significance of the Civil Servants Act, 1973.   Sections Contents     Preamble 1 Short title, application and commencement     CHAPTER I-PRELIMINARY   2 Definitions     CHAPTER II.-TERMS AND CONDITIONS OF SERVICE OF CIVIL SERVANTS   3 Terms and conditions   4 Tenure of office of civil servants   5 Appointments   6 Probation   7 Confirmation   8 Seniority   9 Promotion   10 Posting and transfer   11 Termination of service   12 Reversion to a lower post   12-A Certain persons to be liable to removal, etc   13 Retirement from service   14 Employment after retirement   15 Conduct   16 Efficiency and discipline   17 Pay   18 Leave   19 Pension and Gratuity   20 Provident Fund   21 Benevolent Fund and Group Insurance   22 Right of appeal or representation     CHAPTER III-MISCELLANEOUS   23 Saving   24 Removal of difficulties     CHAPTER IV-RULES   25 Rules   The Civil Servants Act, 1973 LXXI of 1973 An Act to regulate the appointment of persons to, and the terms and conditions of service of persons in, the service of Pakistan   AS it is expedient to regulate by law, the appointment of persons to, and the terms and conditions of service of persons in, the service of Pakistan, and to provide for matters connected therewith or ancillary thereto ; It is hereby enacted as follows :- 1,     Short title, application and commencement.-(1) This Act may be called the Civil Servants Act, 1973, (2)   It applies to all civil servants wherever they may be. (3)   It shall come into force at once,   CHAPTER I PRELIMINARY 2.     Definitions.-(1) In this Act, unless there is anything repugnant in the subject or context,- (a)   “ad hoc appointment” means appointment of a duly qualified person made otherwise than in accordance with the prescribed method of recruitment, pending recruitment in accordance with such method ; (b)   “civil servant” means a person who is a member of an All-Pakistan Service or of a civil service of the Federation, or who holds a civil post in connection with the affairs of the Federation, including any such post connected with defence, but does not include- (i)      a person who is on deputation to the Federation from any Province or other authority ; (ii)    A person who is employed on contract, or on work-charged basis or who is paid from contingencies ; or (iii)   a person who is a “worker” or “workman” as defined in the Factories Act, 1934 (XXV of 1934), or the Workman”s Compensation Act, 1923 (VIII of 1923); (c)   “initial appointment” means appointment made otherwise than by promotion or transfer ; (d)   “pay” means the amount drawn monthly by a civil servant as pay and includes technical pay, special pay, personal pay and other emoluments declared by the prescribed authority to be pay ; (e)   “permanent post” means a post sanctioned without limit of time ; (f)    “prescribed” means prescribed by rules ; (g)   “rules” means rules made or deemed to have been made under this Act; (h)   “selection authority” means the Federal Public Service Commission, a departmental selection board, departmental selection committee or other authority or body on the recommendation of, or in consultation with which any appointment or promotion, as may be prescribed, is made ; and (i)    “temporary post” means a post other than a permanent post. (2)   For the purposes of this Act, an appointment, whether by promotion or otherwise, shall be deemed to have been made on regular basis if it is made in the prescribed manner.   CHAPTER II TERMS AND CONDITIONS OF SERVICE OF CIVIL SERVANTS Terms and conditions.-The terms and conditions of service of a civil servant shall be as provided in this Act and the rules. Tenure of office of civil servants.-Every civil servant shall hold office during the pleasure of the President. Appointments.-Appointments to an All-Pakistan Service or to a civil service of the Federation or to a civil post in connection with the affairs of the Federation, including any civil post connected with defence, shall be made in the prescribed manner by the President or by a person authorised by the President in that behalf. Probation.-(1) An initial appointment to a service or post referred to in section 5. not being an ad hoc appointment, shall be on probation as may be prescribed. (2)   Any appointment of a civil servant by promotion or transfer to a service or post may also be made in probation as may be prescribed. Where, in respect of any service or post, the satisfactory completion of probation includes the passing of a prescribed examination, test or course or successful completion of any training, a person appointed on probation to such service or post who, before the expiry of the original or extended period of his probation has failed to pass such examination or test or to successfully complete course or the training shall, except as may be prescribed otherwise,– (a)       if he was appointed to such service or post by initial recruitment, be discharged ; or (b)       if he was appointed to such service or post by promotion or transfer, be reverted to the service or post from which he was promoted or transferred and against which he holds a lien or, if there be no such service or post, be discharged : Provided that, in the case of initial appointment to a service or post, a civil servant shall not be deemed to have completed his period of probation

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THE CIVIL SERVANTS (SENIORITY) RULES, 1993

THE CIVIL SERVANTS (SENIORITY) RULES, 1993

THE CIVIL SERVANTS (SENIORITY) RULES, 1993   The Gazette of Pakistan, Extraordinary, Part II, February 28, 1993] Introduction: The Civil Servants (Seniority) Rules, 1993, are a set of regulations in Pakistan that govern the determination and maintenance of seniority among civil servants. These rules, enacted in 1993, provide a structured framework for establishing seniority lists and addressing issues related to the seniority of government employees. In this introduction, we will explore the historical context, objectives, and legal significance of these rules.     S.R.O. 163 (1)/93. — In exercise of the powers conferred by section 25 of the Civil Servants Act, 1973 (LXXI of 1973), read with Section 8 thereof, the President is pleased to make the following rules, namely: —   Short title, application and commencement. — (1) These rules may be called the Civil Servants (Seniority) Rules, 1993. (2)   They shall apply to all civil servants except those governed under: — (a)   the Police Service of Pakistan (Composition Cadre and Seniority) Rules, 1985; (b)   the Occupational Groups and Services (Probation, Training and Seniority) Rules, 1990; and (c)    the Establishment Division’s O.M. No. 1/2/74 ARC, dated 23rd March, 1976, and as amended from time to time. (3)   They shall come into force at once.   Seniority on initial appointment. — (1) Persons initially appointed on the recommendations of the selection authority through an earlier open advertisement shall rank senior to those appointed through a subsequent open advertisement. (2)   If two or more persons are recommended in open advertisement by the selection authority their inter se senior-ity shall be determined in order of merit assigned by the selection authority. (3)   If only one candidate is recommended in open advertisement by the selection authority, he shall count his seniority form — (a)   the date of recommendation by the selection authority, if he was already holding in the same post on ad hoe basis; and (b)   the date of his joining the post after being recommended by the selection authority if he was not alrea-dy holding the same post.   Seniority on promotion. — Seniority in a service, cadre or post to which a civil servant is promoted shall take effect from the date of regular promotion to that service cadre or post.   Provided that – (a)   Civil servants selected for promotion to higher posts on an earlier date shall be senior to those selected for such promotion on a later date; (b)   Civil servants selected for promotion to higher posts in one batch shall, on their promotion to the higher post, retain their inter se seniority as the lower post; and (c)    Civil servants eligible for promotion who could not be considered for promotion in the original reference in circumstances beyond their control or whose case was deferred while their juniors were promoted to the higher post, shall, on promotion, without supersession, take their seniority with the original batch.   Seniority on appointment by transfer. – Seniority in a service, cadre or post to which a civil servant is appointed by transfer shall take effect from the date of regular appointment to the service, cadre or post: Provided that –   (a)   persons belonging to the same service, cadre or post selected for appointment by transfer to a service, cadre or post in one batch shall, on their appointment, take inter se seniority in the order of their date of regular appointment in their previous service, cadre or post; and (b)   persons belonging to different service, cadre or posts selected for appointment by transfer in one batch shall take their inter se seniority in the order of the date of their regular appointment to the post which they were holding before such appointment and, where such date is the same, the person older in age shall rank senior.   Seniority of officers of the Armed Forces on induction in civil posts. – Officers of the Armed Forces of Pakistan who are inducted in a civil service, cadre or post in accordance with the Government orders and instructions shall take seniority in that service, cadre or post from the date of such induction:   Provided that the officers inducted in one batch shall, on induction, retain their inter se seniority as in the Armed Forces of Pakistan.   Inter se seniority of civil servants appointed in the same calendar year. – Persons appointed by tran-sfer in a particular calendar year shall, as a class, be senior to those appointed by promotion or by initial appointment to such posts in that year, and persons promoted to higher post in a particular calendar year shall, as a class be senior to those appointed by initial appointment to such posts in that year.   Repeal and savings. — The General Principles of seniority circulated vide Establishment Division’s O.M. No. 1/16/69-D.II, dated the 31st December, 1970, and all other existing rules, orders and instructions relating to seniority except — (a)   the Police Service of Pakistan (Composition, Cadre and Seniority) Rules, 1985; (b)   the Occupational Groups and Services (Probation, Training and Seniority) Rules, 1990; and (c)    the Establishment Division’s O.M. No. 1/2/74-ARC dated 23rd January 1974, amended vide O.M. No. 2/1/75-ARC, dated the 3rd March, 1976 and as amended from time to time, are hereby repealed.   Need more information Our panel of skilled Lawyers in Pakistan specializes in separation cases in Pakistan and offers personalized advice and robust legal solutions. AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site. Personalized Assistance: For more specific queries or legal representation, reach out to us: Call: 0092 308 5510031 WhatsApp: 0092 308 5510031 Contact Form: Prefer writing? 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THE CIVIL SERVANT’S (APPOINTMENT, PROMOTION AND TRANSFER) RULES, 1973

THE CIVIL SERVANT’S (APPOINTMENT, PROMOTION AND TRANSFER) RULES, 1973

THE CIVIL SERVANT’S (APPOINTMENT, PROMOTION AND TRANSFER) RULES, 1973 The Civil Servants (Appointment, Promotion, and Transfer) Rules, 1973, are a significant set of regulations that govern the processes of appointment, promotion, and transfer of civil servants in Pakistan. These rules, established in 1973, provide a structured framework for the recruitment, career advancement, and transfer of government employees. In this introduction, we will delve into the historical context, key objectives, and legal significance of these rules.   In exercise of the powers conferred by section 25 of the Civil Servants Act, 1973 (LXXI of 1973), the President is pleased to make the following rules, namely ; PART I GENERAL These rules may he called the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973. In these rules, unless there in anything repugnant in the subject or context,– “appointing authority,” in relation to a post means the person authorized under Rule 6 to make appointment to that post; “Central Selection Board” means the Board constituted by the Federal Government for the purpose of selection for promotion or transfer to posts in [basic pay scales 19 to 21 and equivalent] and consisting of such persons” as may be appointed to it by Government from time to time ; “Commission” means the Federal Public Service Commission ; “Departmental Promotion Committee” means a Committee constituted for the purpose of making selection for promotion or transfer to costs under a Ministry, Division. Department or office of the Federal Government in [basic pay scales IS and below and equivalent ; “Departmental Selection Committee” means a Committee constituted for the purpose of making selection for initial appointment to posts under a Ministry, Division, Department or. office of the Federal Government in [basic pay scales 15 below and equivalent; (1) Appointments to posts shall be made by any of the following methods, namely :- by promotion or transfer in accordance with Part II of these rules; and by initial appointment in accordance with Part III of these rules. (2) The method of appointment and the qualifications and other conditions applicable to a post shall be as laid down by the Ministry of Division concerned in consultation with the Establishment Division. (1) In each Ministry, Division, Department or Office of the Federal Government, there shall be one or more Departmental Promotion Committees, and Departmental Selection Committees, the composition of which shall be determined by the Ministry or Division concerned in consultation with the Establishment Division. (2)       Each such Committee shall consist of at least three members one of whom shall he appointed Chairman. Where an appointing authority for Grade 15 and below does not accept the recommendation of a Departmental Selection or Departmental Promotion Committee, it shall record reasons therefor and obtain orders of the next higher authority. The authorities competent to make appointment to the various posts shall be as follows:-   Posts Appointing Authority 1. Posts in basic pay scales 20 and above or equivalent i.e. posts carrying pay with the maximum of Rs. 5,240 and above. President 2. Posts in basic pay scales 17 to 19 or equivalent i.e. posts carrying pay with the maximum between Rs. 3,040 and Rs. 5,239. Establishment Secretary 3. Posts in basic pay scales 3 to 16 or equivalent i.e. posts carrying pay with the maximum between Rs. 760 and Rs. 3,039. Secretary of the Ministry /Division concerned or the Head of the Department provided he is an officer drawing pay in basic pay scale 20 or above and equivalent. 4. Posts in basic pay scales 1 and 2 or equivalent i.e. posts carrying pay with the maximum exceeding Rs. 759 Deputy Secretary or Head of the Department or Head of the Office.   Provided that the President may designate an officer holding a post in basic pay scale I8 or 19 and equivalent in a Ministry, Division, Department or Office to he the appointing authority for posts in basic pay scales 1 to 16 and equivalent in the Ministry, Division, Department or Office : Provided further that the President may designate an officer of the Pakistan Army, Pakistan Navy or Pakistan Air Force, not below the rank of Major or equivalent, to be the appointing authority for civil posts in basic pay scales 1 to 16 and equivalent in the General Headquarters, the Naval Headquarters or the Air Headquarters]. PART II APPOINTMENT BY PROMOTION AND TRANSFER Promotion and transfers to posts in [basic pay scales 2 to 18 and equivalent] shall be made on the recommendation of the appropriate Departmental Promotion Committee and promotions and transfers to posts in [basic pay scales 19 to 21 and equivalent] shall be made on the recommendations of the Central Selection Board: Only such persons as possess the qualification and meet the conditions laid down for the purpose of promotion or transfer to a post shall he considered by the Departmental Promotion Committee or the Central Selection Board, as the case may be. 8-A.        No promotion on regular basis shall be made [to posts in basic pay scales 18 to 21 and equivalent] unless the officer concerned has completed such minimum length of service as may be specified from time to time. 8-B.–       (l) Where, the appointing authority considers it to be in the public interest to fill a post reserved under the rules for departmental promotion and the most senior civil servant belonging to the cadre or service concerned who is otherwise eligible for promotion does not possess the specified length of service the authority may appoint him to that post on acting charge basis. (2)   So long as a civil servant holds the acting charge appointment, a civil servant junior to him shall not be considered for regular promotion but may be appointed on acting charge basis to a higher post. (3)   In the case of a post in [basic pay scales 17 to 22 and equivalent] reserved under the rules to be filled by initial appointment, where the appointing authority is satisfied that no suitable officer [drawing pay in

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THE CIVIL SERVANTS (APPEAL) RULES, 1977

THE CIVIL SERVANTS (APPEAL) RULES, 1977

THE CIVIL SERVANTS (APPEAL) RULES, 1977 The Civil Servants (Appeal) Rules, 1977, are a significant set of regulations in Pakistan that govern the process of appeals filed by civil servants against various administrative decisions and actions. These rules, enacted in 1977, provide a structured framework for the resolution of disputes and grievances within the civil service. In this introduction, we will explore the historical context, objectives, and legal significance of these rules.   In exercise of the powers conferred by section 25 of the Civil Servants Act, 1973 (LXXI of 1973), the President is pleased to make the following rules, namely :- (l) These rules may he called the Civil Servants (Appeal) Rules, 1977. (2)    They shall come into force at once. In these rules, unless there is anything repugnant in the subject or context,’ ‘appellate authority’ means the officer or authority next above the authority ; ‘authority‘ means the authority competent to appoint a civil servant under the rules applicable to him or an authority, [as defined in the Government Servants (Efficiency and Discipline) Rules, 1973] and ‘penalty‘ means a penalty provided for in the Government Servants (Efficiency and Discipline) Rules, 1973. Every civil servant shall be entitled to appeal, to the appellate authority from an order passed by an authority [or an authorized officer] imposing upon him any penalty: Provided that, where the penalty is imposed by an order of the President, the civil servant shall have no right -to appeal but he may apply for review of the order. ( 1) A civil servant shall be entitled to appeal to the appellate authority from an order passed by an authority which- niters to his disadvantage his conditions of service, pay, allowance or pension ; or interprets to his disadvantage the provisions of any rules whereby his conditions of service, pay, allowance or pension are regulated ; or reduces or withholds the maximum pension, including an additional pension, admissible to him under the rules governing pension ; or terminates his employment or gives notice of such termination otherwise than- on his reaching the age of superannuation, or in accordance with the provisions of the Civil Servants Act, 1973(LXXI of 1973): Provided that a person appointed by the President shall have no right to appeal from an order passed by the President, but he may apply for review of the order: Provided further that no appeal or review shall lie on matters relating to the determination of fitness of a person to hold a particular post or to he promoted to a higher post or grade. (2)    A member of an All-Pakistan Unified Grade serving under a Provincial Government may appeal from the order of the Provincial Government to the President. (3)    A civil servant appointed by the President may appeal to the President from an order passed by an authority subordinate to the President. ( 1) Every person preferring an appeal shall do so separately and in his own name. (2)    Every appeal preferred under these rules shall contain all material statements and arguments relied upon by the appellant, shall contain no disrespectful or improper language, and shall be complete in itself. (3)    Every appeal shall he submitted through the Head of the Office to which the appellant belongs or belonged, and through the authority from whose order the appeal is preferred. (4)    Every appeal shall he submitted within a period of thirty days of the communication of the order appealed against. ( 1) In the case of an appeal under rule 3, the appellate authority shall consider- whether the facts on which the order appealed against was based have been established; whether the facts established afford sufficient ground for taking action; and whether the penalty is excessive, adequate, or inadequate, and, after such consideration, shall confirm, set aside or modify the previous order. (2) In the case of an appeal under rule 4 the appellate authority shall pass such order as, having regard to all circumstances of the ease, appears to it Just and equitable. (3) The authority from whose order an appeal is preferred under these rules shall give effect to any order made by the appellate authority. (1) An appeal may be withheld by an authority not lower than the authority from whose order it is preferred if – it is an appeal in a case in which no appeal lies under these rules ; it does not comply with the provisions of sub-rule (1), (2) or (3) or rule 5; or it is not preferred within the time specified in sub-rule (4) of rule 5 and no reasonable cause is shown for the delay ; or it is addressed to authority to which no appeal lies under these rules ; or It is a repetition of a previous appeal and is made to the same appellate authority by which such appeal has been decided, and no new facts or circumstances are adduced which afford grounds for a reconsideration of the case: Provided that in every case in which an appeal is withheld, the appellant shall he informed of the fact and the reasons for it: Provided further that an appeal withheld on account only of failure to comply with the provisions of sub-rule (2) or (3) of rule 5 or clause (d) may he resubmitted within one month of the date on which the appellant is informed of the withholding of the appeal and, if resubmitted in a form which complies with those provisions or is addressed to the proper appellate authority, as the case may be, shall not be withheld. No appeal shall lie against the withholding of an appeal by an authority competent to do so. (l) Every appeal which is not withheld under these rules shall be forwarded to the appellate authority with an expression of opinion by the authority from whose order the appeal is preferred. (2)    Every appeal by a civil servant serving under a Provincial Government or a local authority, which is

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The Cigarettes (Printing of Warning) Ordinance, 1979

The Cigarettes (Printing of Warning) Ordinance, 1979

The Cigarettes (Printing of Warning) Ordinance, 1979   The Cigarettes (Printing of Warning) Ordinance, 1979, is a significant piece of legislation in Pakistan that focuses on public health and tobacco control. Enacted in 1979, this ordinance requires the printing of specific health warnings on cigarette packages to inform consumers about the health risks associated with smoking. In this introduction, we will explore the historical context, objectives, and legal significance of this ordinance.     Sections Contents     Preambles 1 Short title, extent, [application] and commencement   2 Definition   3 Printing of health warning   4 Prohibition to sell, etc   5 Penalties   6 Offence by Companies   7 Cognizance of Offences   8 Power to make rules       The Cigarettes (Printing of Warning) Ordinance, 1979 Ordinance LXXIII of 1979 31st December, 1979 An Ordinance to provide for Printing of a health Warning on Packets of Cigarettes PREAMBLES: WHEREAS it is expedient to provide for printing of a health warning on packets of cigarettes and for matters connected therewith.   AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action,   Now therefore, in pursuance of the Proclamation of the fifty day of July, 1977, read with the laws (Continuance in Force) Order, I 977 (CMLA Order No 1 of 1977), and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance.   Short title, extent, [application] and commencement: (1)      This Ordinance may called the Cigarettes (Printing of Warning) Ordinance, 1979 . (2)      It extends to the whole of Pakistan (2-A)  it shall apply to Cigarettes manufactured for consumption in Pakistan]. (3)      It shall come into force on the first day of [September], 1980. Definition: In this Ordinance. Unless there is anything repugnant in the subject or context, ‘Cigarette‘ includes Biri, ‘Health Warning’ means the health warning specified in Section 3, and ‘Packet’ includes a wrapper or oilier container Printing of health warning: There shall be printed legibly and prominently, both in English and Urdu, on every packet of cigarettes the following health warning, namely – ‘WARNING: Smoking is injurious to health.’ Ministry of Health Prohibition to sell, etc: No person shall   Manufacture packets of cigarettes, or Sell or offer for sale cigarettes from packets of cigarettes, or Process or sell or offer for sale packets of cigarettes, on which the warning is not printed as required by Section Penalties: Whoever contravenes any provision of Section 4 shall be punishable with imprisonment for a term which may extend to two years, or with fine winch may extend ten thousand rupees, or with both. Where a Court convicts a person of an offence punishable under sub-section (1), it shall direct that the packets of cigarettes and the cigarettes in respect of which the offence has been committed be forfeited to the Federal Government Offence by Companies: If the person contravening any provision of Section 4 be a company or other body corporate, every director, manager, secretary or other officer or agent thereof shall, unless he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention, be deemed to be guilty of such contravention. Cognizance of Offences: No Court inferior to that of a Magistrate of the First Class shall try any offence punishable under tins Ordinance. No Court shall take cognizance of an offence punishable under this Ordinance except on a complaint made in writing by a police officer not below the rank of an Assistant Sub-inspector/an Excise Officer not bellow the of a Sub Inspector or any other officer authorized in this behalf by the Federal Government. Power to make rules: The Federal Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance. Need more information Our panel of skilled Lawyers in Pakistan specializes in separation cases in Pakistan and offers personalized advice and robust legal solutions. AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site. Personalized Assistance: For more specific queries or legal representation, reach out to us: Call: 0092 308 5510031 WhatsApp: 0092 308 5510031 Contact Form: Prefer writing? Fill out our contact form below, and we’ll respond promptly   [contact-form][contact-field label=”Name” type=”name” required=”true” /][contact-field label=”Email” type=”email” required=”true” /][contact-field label=”Website” type=”url” /][contact-field label=”Message” type=”textarea” /][/contact-form]

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CHINA PAKISTAN ECONOMIC CORRIDOR AUTHORITY ACT, 2021

CHINA PAKISTAN ECONOMIC CORRIDOR AUTHORITY ACT, 2021

CHINA PAKISTAN ECONOMIC CORRIDOR AUTHORITY ACT, 2021   The China Pakistan Economic Corridor Authority Act, 2021: Fostering Economic Transformation   The China Pakistan Economic Corridor Authority Act, 2021, stands as a pivotal piece of legislation in Pakistan’s recent history. Established to propel the ambitious China Pakistan Economic Corridor (CPEC) project forward, this Act marks a crucial step in the country’s quest for economic revitalization and regional connectivity.   Prior to this Act, CPEC implementation faced challenges due to its complex, multi-faceted nature. Inter-provincial and inter-ministerial coordination proved cumbersome, hindering project progress and impacting the initiative’s overall effectiveness. Recognizing these obstacles, the 2021 Act established the dedicated China Pakistan Economic Corridor Authority. This independent body empowered with comprehensive planning, facilitating, coordinating, monitoring, and evaluation responsibilities streamlined CPEC execution.   Within Pakistan, the Act’s impact is multifold. Improved inter-departmental collaboration has accelerated project timelines and enhanced transparency. The Authority’s research, policy formulation, and narrative building efforts have fostered widespread public understanding and support for CPEC. Furthermore, the Act prioritizes local investments and job creation, ensuring tangible benefits for Pakistani citizens. While challenges remain, the 2021 Act provides a robust framework for navigating them and maximizing CPEC’s potential to transform Pakistan’s economic landscape. CONTENTS Short title, extent and commencement. Definitions. CHAPTER II ESTABLISHMENT OF THE AUTHORITY Establishment of the Authority. Powers and Functions of the Authority. CHAPTER III MANAGEMENT AND ADMINISTRATION OF THE AUTHORITY Composition of the Authority. Appointment of the Chairperson. Appointment of the Members. Executive Director Operations. Executive Director Research. Removal or Resignation of Chairperson, Executive Directors and Members. Committees and sub-committees. Meetings of the Authority. Conflict of Interest. China Pakistan Economic Corridor Business Council. CHAPTER IV BUDGET, FINANCE AND AUDIT China Pakistan Economic Corridor Fund. Budget, Finance and Accounts. Audit. Annual Report. CHAPTER V MISCELLANEOUS Delegation of Powers. Public servants. Chairperson, etc. not to be civil servants. Confidential Information. Indemnity. Power to make rules Power to make regulations. Overriding effect. Savings. Power to remove difficulties. CHINA PAKISTAN ECONOMIC CORRIDOR AUTHORITY ACT, 2021 ACT NO. V OF 2021 [4 th June, 2021] An Act to provide for the establishment of China Pakistan Economic Corridor Authority WHEREAS it is expedient to establish the China Pakistan Economic Corridor Authority for the purposes hereinafter appearing and to provide for matters connected therewith and ancillary thereto; It is hereby enacted as follows:— CHAPTER I PRELIMINARY Short title, extent and commencement.—(1) This Act may be called the China Pakistan Economic Corridor Authority Act, 2021. (2) It extends to the whole of Pakistan. (3) It shall come into force at once. Definitions.—In this Act, unless there is anything repugnant in the subject or context.— (i) “Authority” means the China Pakistan Economic Corridor Authority established under section 3; (ii) “Budget Committee” means the committee as provided under sub-section (4) of section 16; (iii) “Chairperson” means the chairperson of the Authority appointed under section 6, and includes any person performing for the time being the functions of the Chairperson; (iv) “Executive Director Operations” means the Executive Director Operations appointed under section 8; (v) “Executive Director Research” means the Executive Director Research appointed under section 9; (vi) “Government” means the Federal Government; (vii) “Joint Cooperation Committee” means the Committee jointly headed by the Minister for Planning Development and Special Initiatives of the Islamic Republic of Pakistan and the Vice Chairperson of the National Development and Reform Commission of the People’s Republic of China; (viii) “Joint Working Group” means the working group constituted and working under the Joint Cooperation Committee; (ix) “Member” means a Member of the Authority appointed under section 7 and shall include the Chairperson, Executive Director Operations and Executive Director Research; (x) “misconduct” means misconduct as defined in the rules made pursuant to the Civil Servants Act, 1973 (Act LXXI of 1973); (xi) “Principal Accounting Officer” shall mean the person specified in sub-section (3) of section 16; (xii) “record” includes an account, book, return, statement, document, report, chart, table, diagram, form, survey, image, invoice, letter, map, agreement, memorandum, plan, voucher, financial and non- financial information, and anything containing information, whether in writing, digital or in electronic form or represented or reproduced by any other means, and recording of details of electronic data processing systems and programs to illustrate what the systems and programs do and how they operate; (xiii) “regulations” means the regulations made under section 25 of this Act; and (xiv) “rules” means the rules made under section 24 of this Act. CHAPTER II ESTABLISHMENT OF THE AUTHORITY Establishment of the Authority.—(1) The Government shall, by notification in the official Gazette, establish an authority to be known as the China Pakistan Economic Corridor Authority, for carrying out the purposes of this Act. (2) The Authority shall carry out its functions, in accordance with the provisions of this Act, and shall report to the Prime Minister through its Division concerned. (3) The Authority shall be a body corporate, having perpetual succession and a common seal, with power to enter into contracts within its budgetary allocation following all the applicable rules and regulations, acquire or dispose of property, both movable and immovable, and may, by its name, sue or be sued. (4) The head office of the Authority shall be at Islamabad. Powers and Functions of the Authority.—(1) In addition to such other powers and functions as may be assigned under this Act, the Authority shall be responsible for planning, facilitating, coordinating, enforcing, monitoring, and evaluating the smooth implementation of all activities related to the China Pakistan Economic Corridor, in accordance with the Memorandum of Understanding between the National Development and Reform Commission of the People’s Republic of China and the Ministry of Planning Development and Special Initiatives of Islamic Republic of Pakistan on Outline of the Long Term Plan of China-Pakistan Economic Corridor signed in Beijing on the 8th day of November 2014, as well as decisions taken, from time to time, at meetings of the Joint Cooperation Committee: Provided that the function of planning shall follow the existing arrangement being adopted by the Planning Commission: Provided

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THE ACCEDING STATE (PROPERTY) ORDER, 1961

THE ACCEDING STATE (PROPERTY) ORDER, 1961

THE ACCEDING STATE (PROPERTY) ORDER, 1961   PRESIDENT’S ORDER NO. 12 OF 196l The Acceding State (Property) Order, 1961, also known as President’s Order No. 12 of 1961, is a historical legal document that pertains to the management and ownership of certain properties and assets in Pakistan. This order was issued in the context of the integration of princely states into the newly formed state of Pakistan following independence in 1947. In pursuance of the Proclamation of the seventh day of October,1958, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order: — 1.— (1) This Order may be called the Acceding State (Property) Order, 1961. (2) It shall come into force at once, but an order made in pursuance of it may be given retrospective effect to a date not earlier than the fifteenth day of August 1947. In this Order, references to a State shall be construed as references to a State which has at any time after the 14th day of August 1947 been in accession with Pakistan, and references to a Ruler shall be construed as including references to the Ruler of such a State and to the person recognized for the time being under the Rulers (Recognition of Successors) Order, 1960, as successor of the Ruler. Where any question arises directly or indirectly between persons claiming to be the heirs and successors of the Ruler of a state or claiming to succeed to the State, concerning the devolution and distribution of any property of that State or of the Ruler, the question shall be decided by an order of the 1 [Federal Government]. A question whether any disposition of property, whether purporting to be the property of the State or of the Ruler, has been made in the due exercise of power to make it or ought for any reason to be undone shall be deemed to be a question falling under the preceding Article. 5.—(1) Where the decision requires the recovery of a sum of money the order shall direct that the sum be recovered as an arrear of land revenue, and where it requires the recovery of any other property it shall direct the attachment of such property by seizure, and upon the sum being recovered or the property being attached, the same shall forthwith be at the disposal of the 1 [Federal Government] and shall be disposed of by the 1 [Federal Government] by direction in such a way as may best give effect to the decision. (2) An order requiring recovery shall be directed to the Deputy Commissioner, and an order requiring attachment shall be directed to the District Magistrate, of the district concerned and he shall cause it to be executed according to its tenor. (3) Where the property is other than money, and has been lost or destroyed or otherwise disposed of and is irrecoverable the 1 [Federal Government] may assess its value in money and order the recovery of an equivalent sum as an arrear of land revenue as provided in clause (1). All expenses incurred by the 1 [Federal Government] in determining any question referred to it under Article 3 and all expenses incidental or consequential thereto shall be recoverable from the property to which the dispute relates, and shall be the first charge thereon. No Court shall have jurisdiction to entertain any such question as is referred to in Article 3, and no Court shall call in question any order of the 1 [Federal Government] made under that Article or Article 5 or any proceedings connected therewith. 1Subs. by Ord. III of 2000, s.2, for “Provincial Government”, which previously subs. by F.A.O., 1975, Art. 2 & Sch. for “Central Government”.   Need more information Our panel of skilled Lawyers in Pakistan specializes in separation cases in Pakistan and offers personalized advice and robust legal solutions. AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site. Personalized Assistance: For more specific queries or legal representation, reach out to us: Call: 0092 308 5510031 WhatsApp: 0092 308 5510031 Contact Form: Prefer writing? Fill out our contact form below, and we’ll respond promptly   [contact-form][contact-field label=”Name” type=”name” required=”true” /][contact-field label=”Email” type=”email” required=”true” /][contact-field label=”Website” type=”url” /][contact-field label=”Message” type=”textarea” /][/contact-form]

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THE ABOLITION OF THE PUNISHMENT OF WHIPPING ACT, 1996

THE ABOLITION OF THE PUNISHMENT OF WHIPPING ACT, 1996

THE ABOLITION OF THE PUNISHMENT OF WHIPPING ACT, 1996   The Tax-payers (Authorized Representative) Rules, 2001, are a set of regulations in Pakistan that pertain to the appointment and functions of authorized representatives for taxpayers in their interactions with tax authorities. These rules establish a framework for individuals or entities to appoint representatives to assist them in dealing with tax-related matters. Short title, extent and commencement. Definition. Abolition of punishment of whipping. Repeal. Page 2 of 2 THE ABOLITION OF THE PUNISHMENT OF WHIPPING ACT, 1996 ACT No. VII OF 1996 An Act to abolish and restrict the punishment of whipping WHEREAS it is expedient to abolish the punishment of whipping except in cases where such punishment is awarded as hadd and for matters connected therewith and incidental thereto ; It is hereby enacted as follows:— Short title, extent and commencement.—(1) This Act may be called the Abolition of the Punishment of Whipping Act, 1996. (2) It extends to the whole of Pakistan. (3) It shall come into force at once. Definition.—In this Act, unless there is anything repugnant in the subject or context, the expression “had” means the punishment of crimes laid down in the Holy Quran and Sunnah. Abolition of punishment of whipping.—Except in cases where the punishment of whipping is provided for as hadd, the sentence of whipping provided under any law, rule or regulation for the time being in force shall stand abolished: Provided that where, on the commencement of this Act, the sentence of whipping awarded by any Court or Tribunal has not been executed, such sentence of whipping shall stand remitted.   Need more information Our panel of skilled Lawyers in Pakistan specializes in separation cases in Pakistan and offers personalized advice and robust legal solutions. AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site. Personalized Assistance: For more specific queries or legal representation, reach out to us: Call: 0092 308 5510031 WhatsApp: 0092 308 5510031 Contact Form: Prefer writing? Fill out our contact form below, and we’ll respond promptly   [contact-form][contact-field label=”Name” type=”name” required=”true” /][contact-field label=”Email” type=”email” required=”true” /][contact-field label=”Website” type=”url” /][contact-field label=”Message” type=”textarea” /][/contact-form]

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The Tax-payers (Authorized Representative) Rules, 2001

The Tax-payers (Authorized Representative) Rules, 2001

The Tax-payers  (Authorized Representative) Rules, 2001   The Tax-payers (Authorized Representative) Rules, 2001, are a set of regulations in Pakistan that pertain to the appointment and functions of authorized representatives for taxpayers in their interactions with tax authorities. These rules establish a framework for individuals or entities to appoint representatives to assist them in dealing with tax-related matters.   6th  November, 2001   In exercise of the powers conferred by clause (xxi) of sub-section (2) of section 37 of the Central Excise Act, 1944 (I of 1944), section 219 of the Customs Act, 1969 (IV of 1969) and section 50 and section 52 of the Sales Tax Act, 1990, the Central Board of Revenue is pleased to make the following rules namely ,-   Short title, commencement and application .-   (1)    These rules may be called The Tax-payers (Authorized Representative) Rules, 2001.   (2)    They shall apply to persons authorized by the tax-payers to represent them or appear on their behalf, before the Appellate Tribunal or any other adjudicating authority.   (3)    They shall come into force at once.   Definitions.-   (1)    In these rules, unless there is anything repugnant in the subject or context,-   (a)      “authorized representative” means a person authorized in writing by a tax-payer on a Letter of Authorization as specified in Annex – A to the rules;   (b)    “Appellate Tribunal” means the Customs, Excise and Sales Tax Appellate Tribunal constituted under section 194;   (c)    “adjudicating authority” means any officer appointed to adjudicate and decide cases under section 179 of the Customs Act, 1969 (IV of 1969), section 45 of the Sales Tax Act, 1990 and section 33 of the Central Excise Act, 1944 (I of 1944);   (d)    “accountant” means —   (i)     a Chartered Accountant within the meaning of the Chartered Accountants Ordinance, 1961 (X of 1961); or   (ii)     a Cost and Management Accountant within the meaning of the Cost and Management Accountants Act, 1966 (XIV of 1966); or   (iii)    a member of any association of accountants recognized in this behalf by the Federal Government;   (e)    “misconduct” means conduct prejudicial to good order, unbecoming of a gentleman and includes any act on his part to bring or attempt to bring outside or any sort of influence directly or indirectly to bear on the officer of Customs, Central Excise and Sales Tax in respect of any matter relating to discharge of his duties under the relevant Acts or creating hindrance in discharge of such duties or impersonation or submission of fake documents;   (f)    “relevant Act” means the Central Excises Act, 1944 (I of 1944), the Customs Act, 1969 (IV of 1969), and the Sales Tax Act, 1990;   (g)    “rules” means the rules made under the relevant Act; and   (h)    “tax-payer” means any person who is required, or liable, to pay, or is paying duty, or tax, or any sum under any or all of the relevant Acts, or the rules and includes any person who is engaged directly or indirectly in any activity falling within the scope of any of the relevant Acts or the rules.   Persons authorized to represent a taxpayer.-   For the purpose of these rules only, the following persons are authorized to represent a tax-payer before the adjudicating authority and Appellate Tribunal, namely ;   (a)    a person in the employment of the tax-payer working on a full time basis and holding at least a bachelor’s degree in any discipline from a university recognized by the University Grants Commission provided that such person shall represent only the tax-payer in whose employment he is working on full-time basis;   (b)    an advocate entered in any rolls and practicing as such, under the Legal Practitioners and Bar Councils Act, 1973n (XXXV of 1973);   (c)    a person holding a Bachelor or Masters degree in Commerce;   (d)    a person who has retired or resigned after putting in satisfactory service in the Sales Tax Department or Customs Department or Central Excise Department for a period of not less than ten years in a post or posts not inferior to that of an Assistant Collector:   Provided that no such person shall be entitled to represent a tax-payer for a period of one year from the date of his retirement or resignation or in any case in which he had made, or approved, as the case may be, any order under the relevant Acts; and   (e)    an accountant.   Disqualifications .-   The following persons shall not be entitled to represent a tax-payer under these rules, namely :-   (a)    any person who has been convicted as a result of any criminal proceedings under any law for the time being in force in Pakistan;   (b)    a person who has been dismissed or compulsorily retired from service;   (c)    a person who has become insolvent;   (d)    a person who is guilty of misconduct as defined in sub-rule (c) of rule 2.   Procedure to appoint authorized representative.-   To appoint his authorized representative, a taxpayer shall issue a Letter of Authorization, in the form specified in Annex – A, duly signed by proprietor, partner or director of the company or business concern, which shall be submitted by the authorized representative before the adjudicating authority or Appellate Tribunal. The authorized representative will use the Letter of Authorization for a single hearing, or till final decision of the case, by the adjudicating authority or the Appellate Tribunal, as the case may be.   Power to disqualify.-   On receipt of a complaint against any authorized representative for misconduct from the Appellate Tribunal or, as the case may be, an adjudicating authority, the Central Board of Revenue may, after affording such representative an opportunity of being heard, disqualify him from representing the tax-payer.           ANNEX – A   LETTER OF AUTHORIZATION   [See Rule 5]     I, ______________________________________, Proprietor/Partner/Director of M/s. _____________________________, hereby authorize Mr. ___________________ S/o. Mr. ________________________ N.I.C.

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Statement of conditions for sale of “Wanda Sarkar” COLONIZATION OF GOVERNMENT LANDS (PUNJAB) ACT, 1912

Statement of conditions for sale of “Wanda Sarkar” COLONIZATION OF GOVERNMENT LANDS (PUNJAB) ACT, 1912

Statement of conditions for sale of “Wanda Sarkar”   COLONIZATION OF GOVERNMENT LANDS (PUNJAB) ACT, 1912   Colonization of Government Lands (Punjab) Act, 1912, is a historical piece of legislation that pertains to the colonization and settlement of government-owned lands in the Punjab region of British India, which now forms part of present-day Pakistan. This act was enacted during the British colonial era and aimed to provide a legal framework for the allocation and development of government-owned lands.   [Gazette of Punjab, Part I, 8th January, 2003]   No. 3740-2001/2133-CL.II, dated 1-11-2002.— In exercise of the powers conferred upon him under subsection (2) of section 10 of the Colonization of Government Lands (Punjab) Act, 1912 (V of 1912) the governor of the Punjab is pleased to issue the following Statement of conditions for sale of “Wanda Sarkar” in the State land leased out under the schemes for cultivation and reclamation of land issued vied government of the Punjab, Development (Revenue) Department Notification No. 4545-C, dated 12th December, 1945 and No. 4569-C, dated 20th September, 1946 to the lessees/their legal heirs of sub-tenants in Districts Multan, Sahiwal, Jhang, Faisalabad, Muzaffargarh, Khanewal, Vehari, Pakpattan, Okara, Lodhran, Toba Tek Singh and Layyah.   General.—(i) The Government is prepared to sell the “Wanda Sarkar” in the state land to those lessee/their legal heirs or sub-tenants who have been cultivating it under the schemes for cultivation and reclamation of land issued vide Government of the Punjab, Development (Revenue) Department Notifications No. 4545-C, dated 12th December, 1945 and No. 4649-C, dated 20the December, 1946 subject to the conditions mentioned herein; provided that no lessee/his legal heirs or sub-tenant shall be entitled as of right to purchase the land and the Board of Revenue, Punjab retains its absolute discretion in the grant/sale of land. (ii)       All grants/Sales under these conditions shall be subject to the provisions of the Act and also to— The General colony Conditions of 1938 published vide Punjab government Notification No. 5792-C, date 29th June, 1938 and Notification No. 2664-C, dated 22nd September, 1944, as amended from time to time; The Statement of Conditions as appearing hereinafter; and Such instructions as may be issued subsequently by the Government for carrying out the purpose of this notification.   Definitions.—For the purpose of this Statement of Conditions, Act, 1912 (v of 1912); (a)       “Act” means the Colonization of government Lands (Punjab) Act, 1912 (V of 1912); (b)       “Board of Revenue” means the Board of Revenue, Punjab; (c)       “Collector” means District officer (Revenue) of the District concerned; (d)       “family” means the lessee, his parents, unmarried children, husband and wife/wives; (e)       “government” means the government of the Punjab in the Colonies Department; (f)        “grant” includes any grant by sale made in respect of any land to which these conditions have been applied; (g)       “grantee” means a person to whom the land has been granted under this Statement of Conditions and includes the successors-in-interest and the permitted assignees of the grantee but shall not include any holder of power of attorney on behalf of such grantee; (h)       “lessee” means a person holding state land under the schemes for cultivation and reclamation of land issued vide Government of the Punjab, Development (Revenue) Department Notifications No. 4545-C, dated 12th December, 1945 and No. 4569-C, dated 20the September, 1946 and shall be deemed to include the successors and assignees of the lessee but shall not include any holder of power of attorney on behalf of such lessee; (i)        “sub-tenant” means a person to whom the land was sub-let by the original lessee and has been recorded as such in the Revenue Record but shall not include a subsequent purchaser or any holder of power of attorney on behalf of such sub-tenant; (j)        “Wanda Sarkar” means the share of government in the State land within the meanings of clause 7(b) of the schemes for cultivation and reclamation of land issued vide government of the Punjab, Development (Revenue) Department Notifications No. 4545-C, dated 12th December, 1945 and No. 4569-C, dated 20th September, 1946.   Exceptions and Reservations. – Unless it is otherwise specifically provided, the following categories of state land shall be deemed to have been expressly excluded from every grant to be made under these conditions; (a)       lands already reserved/allotted under permanent grants/schemes; (b)       reserved charagah or charagah Baqaya in Colony Chaks; (c)       lands lying inside Municipal limits as existed on 13th august, 2001 and within prohibited zone which shall be up to— (i)        ten miles beyond the outer existing limits of a Metropolitan/Municipal Corporation; (ii)       five miles beyond the outer existing limits of a Municipal Committee; and (iii)      three miles beyond the outer existing limits of a Town Committee/Mandi Town; (d)       in case of cantonment board contiguous to a local council, the limits of prohibited zone shall tally with the limits prescribed for the local council to which it is adjacent; (e)       lands transferred to other departments of the Punjab government/Federal Government; and (i)        all rivers and streams with their beds and banks; (ii)       all water courses and drains/channels; and (iii)      all public thoroughfares existing thereon or shown as proposed for construction on a plan.   Eligibility.— No person shall be eligible to purchase the ‘Wanda Sarkar’ under these conditions unless– (a)       he or his predecessor-in-interest has been a regular lessee of Colonies Department holding lease of State Land under the schemes for cultivation and reclamation of land issued vide Government of the Punjab, Development, 1945 and No. 4569-C, dated 20th September, 1946 or sub-tenant under such lessee (lands mentioned in Condition No. 3 being excluded); (b)       he has been in cultivating possession of the ‘Wanda Sarkar’; (c)       he has paid all government dues including rent of the land, which shall be worked out by District Collector on the basis of rent, paid for the adjoining lands of the same category situated in the same Revenue Estate; Provided that in case the applicant desires to deposit the dues in instalments, he may be allowed to deposit the same as per schedule

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